Africa-Press – Kenya. A Kenyan has moved to court seeking to stop the National Assembly and Senate clerks from forwarding the names of the nine representatives to the East Africa Legislative Assembly.
Kau Quentin Mengo said nine representatives do not represent regional balance as is required in law.
The nine include David Sangok, Hassan Omar, Zipporah Kering, Fredrick Muteti, Falhadha Dekow Iman, Winnie Odinga, Suleiman Shabal, Kennedy Musyoka and Kanini Kega
Through lawyer Danstan Omari, Mego said the list falls short of the national values and principles of governance on equity, social justice, inclusiveness, equality and human rights.
“From the list, it’s apparent that Mombasa and Nairobi had more than one nominee making it the list of nine members who voted at the expense of other nominees who garnered many votes from other counties. This failed to meet the national values and principles set out under the law,” Mengo said.
According to court papers, Azimio One Kenya had submitted 12 nominees while Kenya Kwanza had submitted 15 nominees in line with the numerical strength of the parties in Parliament.
However, on November 17 at the voting phase in the two Houses of Parliament, the final representatives’ list failed to meet violated provisions of Articles 10 and 27 of the Constitution.
It fell short of the national values and principles of governance with equity, social justice, inclusiveness, equality, human rights, non-discrimination and protection of the marginalised.
Mengo wants the court to bar the clerks from forwarding the list of EALA representatives voted by Parliament to the EALA as contained in the gazette notice 14,237 to the speaker of EALA.
He said the counties represented in the list of nominees are Narok County, Mombasa, Nandi, Makueni, Nairobi, Garissa and Nyeri.
He claims that under Kenya Kwanza Alliance which was allocated five slots, Charles Muteti who garnered 189 votes which were more than Iman Falshada who had 183 votes was left out of the list on account of the one-third gender principle.
“The Act by the senate and National Assembly returning officers replacing Charles Muteti’s name with that of Iman Falhasa even though the latter had fewer votes to meet the one-third gender principles is sufficient testimony that the duo well understand that it into always about the strength of the numbers and that other principles especially those under Article 10 of the constitution,” read court papers.
Mengo said from the final list, it was clear that four regions got eight EALA slots out of nine, leaving one slot to the North Eastern (Garissa) and the entire regions of Western, Nyanza and Eastern with none thus clear manifestation of exclusion.
“There can be no justification at all of allowing two counties Mombasa and Nairobi to share four slots between them leaving out the entire Eastern, Nyanza and Western regions,” he said.
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